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Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 20292
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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My lease on my apartment runs through October, but I am getting

Customer Question

My lease on my apartment runs through October, but I am getting married on September 5 and will be living in my new wife in her home after that. Is there a way to end my lease?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 2 years ago.
Hello,Thank you for the information and your question. Can you please tell me what your lease says about early termination? Is there a liquidated damages clause or something that says a penalty or cost of early termination? What does it say about notice to terminate before the end of the lease term?
Customer: replied 2 years ago.
Move out charges: Resident must deliver a signed vacate notice at least sixty days at least sixty days prior to move-out and fulfill the agreed upon terms of the rental agreement. Rental agreements with more than sixty days remaining: Resident agrees to pay rent until apartment is reoccupied or until expiration of the rental agreement.
I agree to pay one month's rent ...if I fail to fulfill the agreed upon term of the of the agreed upon term of the Apartment Rental Agreement.
Expert:  Marsha411JD replied 2 years ago.
Thank you for your reply. Unfortunately, your lease is very comprehensive in addressing the issue of notice and payment due if move out is early. The landlord tenant law of Arizona does not override a written contract that is enforceable, which this would be if signed by all parties. Therefore, the minimum amount of time you would owe rent is 60 days from when you give written notice if your landlord can find a tenant to move in on that 60th day. Otherwise, you would owe rent to the end of the lease. So, there really isn't much of a chance for an early out based on the language of your lease and the law. Perhaps you can find someone to sublet the apartment from you or the property owners may feel generous and let you out early. Best to go to them with your problem and see if they will work with you. But, they have the law and contract on their side. Please let me know if you need any clarification.

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